12 October 2010

CFC- ACES- Update

Certified Facilitation Centres under ACES Project of the CBEC - (11-10-2010)
CBEC is now ready with the modules for processing applications for CFC. Issuance of password and usernames will commence after the new Application Forms are filed on-line.

Chartered Accountants in practice for one year or more may set up a Certified Facilitation Centre (CFC) for providing facilities to central excise and service tax assessees to file returns and other documents electronically under Automation of Central Excise and Service Tax (ACES) Project of the CBEC.

The Institute of Chartered Accountants of India (ICAI) is pleased to announce signing of Memorandum of Understanding with the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India to facilitate setting up of Certified Facilitation Centres (CFCs) under ACES Project by Chartered Accountants in practice.

Any member desirous of operating a CFC in his name is required to make an application to the ICAI together with the requisite information, whereupon the CBEC will issue a user name and password to the member. Thereafter, the ICAI will issue a Certificate to the member to operate Facilitation Centre under ACES Project of the CBEC. On the basis of the user name and password issued by the CBEC, the CFC will be able to upload returns and other documents for central excise and service tax assessees.

The names of the CFCs along with their contact details as provided by the CFCs will be put up on the website of the ICAI and the CBEC. The eligibility criteria, fee schedule and obligations of CFCs are set out in the Memorandum of Understanding, Supplementary Memorandum of Understanding and in the FAQs on the subject.

Please click here for Application Form for CFC under ACES Project

Please click here for Memorandum of Understanding

Please click here for Supplementary Memorandum of Understanding

Please click here for FAQs

Submit the printout of your Application Form alongwith the PAN card copy by Post/ Courier at :

Application for ACES Project,
EDP Department,
ICAI Bhawan,
The Institute of Chartered Accountants of India,
PO Box No. 7100, Indraprastha Marg,
New Delhi - 110002
Email:- cbectech@icai.org


Last Updated on 11th October, 2010


--
Best Wishes

CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

10 October 2010

Exposure Draft of Schedule XIV to the Companies Act, 1956



Exposure Draft of Schedule XIV to the Companies Act, 1956
[Last date for comments: Ocotber 15, 2010]


--
Best Wishes

CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

09 October 2010

NEFT Remittance Details in BANK PASS BOOK- RBI NOTIFICATION

Date: Oct 08, 2010
Furnishing remitter details in pass book / pass sheet / account statement for credits received by customers through NEFT / NECS / ECS

RBI/2010-11/230
DPSS (CO) EPPD No. 788/ 04.03.01 / 2010-11

October 8, 2010

The Chairman and Managing Director / Chief Executive Officer
of member banks participating in NEFT / NECS / ECS

Madam / Dear Sir,

Furnishing remitter details in pass book / pass sheet / account statement
for credits received by customers through NEFT / NECS / ECS

The volumes handled by the retail electronic payment products viz. National Electronic Funds Transfer (NEFT), National Electronic Clearing Service (NECS) and Electronic Clearing Service (ECS) variants are considerably increasing, which is indicative of their acceptability and popularity. Concomitant service delivery levels at banks should match customer requirements and expectations.

2. Complaints about incomplete details about the remitter (or beneficiary) and / or the source of credit (or debit) in the pass books / pass sheets / account statements, as also lack of uniformity across banks in providing even such minimal information are rising. A very generic mention as 'NEFT' or 'NECS' does not help customers in identifying the source of credits, particularly where multiple credits are afforded to their accounts through these products. The Procedural Guidelines on NEFT / NECS / ECS and various circulars issued from time to time clearly highlight the minimum information that should be provided to customers.

3. The Core Banking Solutions (CBS) of banks should be enabled to capture complete information from the relevant fields in the messages / data files which can be displayed to customers when they access their accounts online or provided to them additionally when they approach the branch counters / help desks / call centres. In the interest of straight-through capture of details from messages / data files and standardising the minimum information to be given in the pass books / pass sheets / account statements issued to customers, banks are advised to ensure the following  -

a) NEFT

Message N-02 - Inward transactions

The mandatory field 6091 contains the remitter's name, which should be picked up for the source of credit and information contained should be printed in the pass book / account statement. Banks originating transactions should ensure proper and meaningful details are provided in this field. Description of field 6091 is -

M

6091

Sending customer a/c name

50x

Sender's account name

There is an optional field with tag 7495 that enables inclusion of additional sender-to-receiver information. Destination banks should capture and store this information in their CBS / other systems as appropriate, to be provided to the customer on request.

Message N-07 - Return transactions

M

2006

Related reference number

16x

Transaction reference number of the received inward credit message at bank branch that is returned

M

6366

Rejection code

50x

Description of the reason for rejection

Destination banks may also explore the possibility of using the Unique Transaction Reference (UTR) number to link / retrieve the original message received by them, based on which additional information can be provided as a service initiative when customers make requests online or through call centres.

The extant prescriptions relating to the information to be provided (a) to the remitters for transactions originated by them, and (b) transactions that are returned, shall continue to be applicable.

b) NECS / ECS Variants

The fields "user name" and "user credit reference" (serial numbers '9' and '10' in the credit contra record) have a length of 33 (20 and 13) characters which should be printed in the pass book / account statement.

Sponsor banks need to advise user institutions to fill in these fields meaningfully, so that relevant information is passed on to the customers.

4. In addition to the above, banks are free to provide any additional details as they deem necessary or useful.

5. It is incumbent on the originating banks to ensure that all the relevant information as is provided to them is captured in the relevant fields in messages / data files.

6. Please acknowledge and ensure compliance with the requirements latest by January 1, 2011. These instructions are being issued under the powers conferred on the Reserve Bank of India by the Payment and Settlement Systems Act, 2007 (Act 51 of 2007).

Yours faithfully

(G. Padmanabhan)
Chief General Manager



--
Best Wishes

CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

06 October 2010

FIRMS QUALIFYIING FOR MAJOR AUDIT FOR 2010-2011

FIRMS QUALIFYIING FOR MAJOR AUDIT FOR 2010-2011(C & AG) - SEE ATACHMENT

 

 



--
Best Wishes

CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

02 October 2010

IndianCAs: exposure draft of Revised Schedule XIV -VINOD KOTHARI

Friday, October 1, 2010

ICAI issues exposure draft of Revised Schedule XIV

ICAI issues exposure draft of Revised Schedule XIV

From depreciation rates to depreciable lives,
from statutory rates to indicative rates

Vinod Kothari

The Accounting Standards Board of the Institute of Chartered Accountants of India issued an exposure draft of the proposed replacement of Schedule XIV. When replaced, this revised Schedule XIV will be applicable to such companies as have moved to accounting standards converged with IFRS. That is to say, to such companies as have converged to IFRS, the revised Schedule XIV will apply, and to others, the existing Schedule XIV will continue to apply.

Why is the new schedule needed:

In India, depreciation is governed by the statute, and hence, we commonly use the term "statutory" depreciation. Apparently, sections 205 and 350 of the Act deal with debiting of depreciation for specific purposes – declaration of dividends as for sec 205, and computation of profits for managerial remuneration in case of sec. 350. Hence, at a first glance, one may take the view that these two sections do not pertain to computation of profits for financial reporting, and that it is quite possible for a company to write-off depreciation as per accounting standards for financial reporting, and simply re-compute the same for managerial remuneration or for declaration of dividends. Such an interpretation is also supported by the section heading preceding sections 348 (now redundant), 349 and 350, which do not pertain to financial reporting, but computation of remuneration of managerial personnel.

However, while delinking depreciation as per books of account from those as per tax laws, a historical mistake was made in 1988 – the depreciation debited in the books of account of the company was linked with Schedule XIV. There was no need to do so – that is, Schedule XIV could have anyway been kept of limited relevance to sections 349 and 350 for computation of profits for managerial remuneration.

The situation that arises from a combined reading of sections 205 and 350 is that the Companies Act does lay down "specified rates" at which depreciation has to be provided, as pre Schedule XIV.

Statutory depreciation is surely not IFRS-compliant. Depreciation as per IFRSs is based on the nature of the asset – separate depreciation provisions exist:

  • in case of property plant and equipment, as per IAS 16
  • in case of intangible property, as per IAS 38
  • in case of investment property, as per IAS 40, etc.

In case of these, depreciation is based on depreciable value, that is, the difference between the initially recognized value and the residual value of the asset, and the depreciable value in turn is spread systematically over the useful life of the asset. "Useful life" is the estimated period over which the asset is expected to be available for use. In other words, there is no statutory prescription of the useful life: entities have to estimate the useful life.

Clearly, there are at least 3 points of conflict:

· While Schedule XIV refers to depreciation rates, IAS 16 and other accounting standards relate to useful lives, without laying down either any statutory rate or life;

· Sec 205/350 permit straight-line and WDV systems for depreciation, whereas IAS 16 is flexible and permits any other systematic basis too;

· The write-off required under sec 205/350 is to write off 95% of the asset, if using straight line method, whereas in IAS 16, the require write-off is the cost of the asset, minus residual value.

In order to permit companies converging with IFRS to adopt IAS 16, the amended Schedule XIV is required.

What is being amended?

The proposed replacement of Schedule XIV moves from prescribed rates of depreciation to indicative useful lives of assets. It makes a significant change from the existing scenario:

  • First of all, the revised Schedule XIV prescribes indicative lives only – that is to say, the useful lives of assets as laid down are only indicative and the managements are free to deviate from the same. For sure, there should be no difficulty in choosing a useful life shorter than that laid down (for example, in case of computers, the draft Schedule lays down 6 years – whereas most companies change computers every 3 years). If sufficient justification is available, there should be no difficulty even estimating a period longer than that specified in the draft Schedule;
  • Second, the move from rates to specified lives allows companies the freedom to select methods of spreading depreciation, in addition to commonly used straight-line and WDV options.

Does this resolve conflict between accounting standards and sec 350?

While the intent of the proposed revision of Schedule XIV is evident, the question is, does it at all resolve the conflict between accounting standards and sec 350?

  • First of all, sec 350 empowers the government to prescribe a rate, and not a life. Hence, the revised Schedule is strictly not in accordance with the law.
  • Second, if the law were to lay down an "indicative" schedule, is that the prescriptive schedule that sec 350 envisages?
  • If the schedule was only indicative, and did not require companies to adhere to any prescribed rates or lives, then, does it not make the prescription under sec 350 and 205 purely perfunctory? So, if the idea is to render the prescribed rates under sec 350 purely nugatory, would such idea not be better served by a clarification that sec. 350 of the Act is to be enforced only for the purpose of computation of managerial remuneration, and sec 211 (3A) read with the accounting standards will override sec 350 as far as financial reporting is concerned?

IndianCAs: Why Does my Body Do That?!!


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Ashwin Nagar FCA and SAP-FICO\SEM-BCS
Success is not permanent and failure is not final

Tax Audit Limit Alert

Seeking Data on Tax Audit from CBDT: We have sent a letter of request to the Central Board of Direct Taxes (CBDT) asking them to provide the number of tax audit reports filed with them during 2009-10, e.g. data on tax audit based on fields like name and membership number of the auditor, assessment year, PAN of the auditee, etc., which would enable us to review the ceiling on the number of tax audit assignments that a chartered accountant can accept in a financial year, either as a partner or a proprietor.
 
 
(Source : ICAI Journal-Oct,2010


--
Best Wishes

CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

01 October 2010

Indirect Taxes:Suggestions for Pre-Budget Memorandum

Indirect Taxes Committee Invites Suggestions for Pre-Budget Memorandum - 2011 - (30-09-2010)
Dear Members,

The Central Indirect Taxes Committee is in the process of identifying issues that need to be taken up in the Pre-Budget Memorandum on Indirect Taxes - 2011 to be submitted to the Ministry of Finance.

The Committee invites suggestions on laws relating central excise duty, customs duty and service tax for the purpose of inclusion in the Pre-Budget Memorandum - 2011.

The suggestions relating to policy matters and procedural matters be mentioned separately and for each of the issue, following details be given in the format specified below:

Issue - brief description of the issue with relevant provisions of law
Suggestion - specific suggestion to deal with the issue
Rationale - the justification for the suggestion.

We look forward to receiving your suggestions at suggest.idtc@icai.org by 31st October, 2010.

Secretary
Indirect Taxes Committee 

29 September 2010

BUDGET MANUAL


Finance Minister Releases the First Budget Manual of Union Government

 

Union Finance Minister Shri Pranab Mukherjee released the first Budget Manual of the Union Government, here today. Releasing the Manual, the Finance Minister said that the Union Budget has evolved over the past six decades to reflect the strength of India's democratic processes in shaping its economy, and has emerged as a crucial tool for Public Finance Management. He said that this Manual is an attempt to bring together the entire Budget related activities and procedures etc. which were hitherto available in a dispersed manner in the form of executive instructions and guidelines . The Manual has been prepared by the Budget Division of the Department of Economic Affairs. Finance Minister Shri Mukherjee congratulated the Division for taking this initiative.



The Finance Minister said Budget Manual is a comprehensive document explaining in detail the procedures and activities connected with the preparation of Budget. Mr Mukherjee said that Budget Manual will serve as a guidance document to the officials involved in Budget making in the Finance Ministry as well as in other Ministries/Departments. He said that it is also expected to act as a good reference document for interested readers and stakeholders. He said that this document is an effort in the direction of fostering greater transparency and better understanding about procedures and systems relating to making of Union Budget. 



At the outset, the Manual brings out the Constitutional provisions related to the Budget. It describes the contents of various Budget documents. The Finance Minister said that the Manual also deals with the Organizational aspects, roles and responsibilities of the Parliament, Parliamentary Committees and the responsibilities of various wings of the Executive in the Budget making process. The Union Government's accounting and classification systems have also been explained apart from the working of the Consolidated Fund of India, the Contingency Fund of India and the Public Account of India, the Finance Minister added. 



Minister of State for Finance, Shri Namo Narain Meena alongwith the Secretaries of different departments of the Ministry of finance including Finance Secretary, Shri Ashok Chawla, Revenue Secretary, Shri Sunil Mitra, Expenditure Secretary, Smt. Sushma Nath, Secretary, Financial Services, Shri R. Gopalan, Secretary, Disinvestment, Shri Sumit Bose and Chief Economic Advisor, Dr. Kaushik Basu were also present on this occasion among others. 


The core sections of the Manual explain the entire chain of activities related to Budget preparation right from the issue of Budget Circular in September to the Budget Day in February, including the processes of estimation of receipts and expenditure, their firming-up and finalization through the Pre-Budget Meetings and their compilation. The comprehensive calendar of Budget related activities, their timelines, details of the related duties and responsibilities of the officers and staff together with the Security and 'Lock-in' procedures have also been brought out. Finally the Manual deals with the Implementation and Reporting of various Budget announcements. There are also a series of Annexes which provide a holistic perspective on the related subjects. An attempt has been made to incorporate all the Budget related issues in the Manual so as to make it a self contained and one stop guidance document. 



Text of the Finance Minister's address on the occasion is given below:



"I am pleased to participate in this function to release the Budget Manual for the Union Government. The Budget process of our country predates the Independence and has evolved over the past six decades to reflect the strength of our democratic processes in shaping our economy. It has emerged as a crucial tool for public finance management. 



Budget was first introduced on 7th April, 1860, two years after the transfer of Indian administration from East-India Company to British Crown. The first Finance Member, who presented the Budget, was James Wilson. Mr. Liaquat Ali Khan, Member of the Interim Government presented the Budget of 1947-48. After Independence, India's first Finance Minister, Shri Shanmukham Chetty, presented the first budget of independent India on 26th November, 1947. 


Toni Morrison, the famous author and winner of the Pulitzer and Nobel Prize for literature, had once stated, I quote- 



"If there's a book you really want to read but it hasn't been written yet, then you must write it".



~Toni Morrison



The Union Government Budget Manual is one such book, the need for which has been felt for long. I am happy to note that the Budget Division has brought out this Manual. Large areas of the Budget making procedures and processes have not been in public domain, leading at times to some misinterpretations and conjectures. The Budget Manual will shed such misconceptions. I am sure this Manual will bring about greater transparency and better understanding about the Union Government Budget making procedures and systems. 



The Manual attempts to outline the entire chain of events leading to the Union Budget. The purpose of this Budget Manual is to provide guidance and a training tool for the officers and staff engaged in the Budget preparation, not only in the Finance Ministry but in other Ministries/Departments as well. 



Finally, I would also like to express my appreciation to the officials of the Finance Ministry for taking this initiative and completing the task of preparing the Union Government Budget Manual. 



With these words I would now like to release the Budget Manual for the Union Government.

--
Best Wishes

CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

28 September 2010

CENVAT- SPARES-DUMPERS-VEHICLES

Please note that CENVAT CREDIT is available on Components, Spares and Accessories of Motor Vehicles, DUMPERS & TIPPERS as per CBEC Notification No.29/2010 dt.24-09-2010.

Cenvat Credit (Fifth Amendment) Rules, 2010 - Amendment in rule 2

 

 

Notification No. 29/2010-Central Excise (N.T), dated 24-9-2010

 

 

In exercise of the powers conferred by section 37 of the Central Excise act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely : –

 

1.       (1) These rules may be called the CENVAT Credit (Fifth Amendment) Rules, 2010.

          (2) They shall come into force on the date of their publication in the Official Gazette.

 

2.       In the CENVAT Credit Rules, 2004, in rule 2, in clause (a), after sub-clause (C), the following sub-clause shall be inserted, namely : –

 

"(D)           components, spares and accessories of motor vehicles, dumpers or tippers, as the case may be, used to provide taxable services as specified in sub-clauses (B) and (C);"

 

 




--
Best Wishes

CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

Johnny and Service Tax Refund [Series- II] Part 1: `INVOICE'

Johnny and Service Tax Refund [Series- II]

Part 1: `INVOICE'

 

                                                                        Prepared By: -                       

CA. Pradeep Jain

Mayank Palgauta

 

We have already written one complete series of articles for the refund of service tax to exporters under notification no. 41/2007-ST. The litigation on the same is still going on. The Government has come up with the new notification no. 17/2009-ST dated 7th July, 2009 to make the scheme simple so that the refund is available to the exporters conveniently. But there is no sign of relief for the exporters. They are still struggling to get the refund from the department. With this second series of the articles, an effort has been made to bring out the misery of exporters. This also brings out the present situation existing in the refund structure mechanism under Service tax. This state of affair also is elaborated with the means of poems and conversation between Johnny (an assessee) and his father.

 

Johnny and Jill went up the hill, to get the refund order
Johnny came back with a lack
And Jill came hopeless after.

 

Today, in the present scenario also, the poor exporter is still facing enormous difficulty in getting refund orders as stated in the lines above. There is no radical change has taken place even after the change of total scheme by the Government. The refund claims are the Right of the exporters but the department is rejecting these claims on various grounds which are of trivial importance. This resulted in frustration and skepticism among exporters as regards the Refund mechanism. The one of the conditions relating to INVOICE on which the department is rejecting the refund claim on various services mentioned in the Notification No. 17/2009-ST dated 7th July, 2009 (herein after referred to as said notification) are highlighted here by means of poetic conversation: -

 

Johnny-Johnny!  Yes papa!

Got the refund?

No Papa,

Telling lies?

 No Papa,

What's the reason?

This papa: -

 

Johnny says:  I went to department to get the refund on various invoices issued by service providers under said notification but department said: -

Johnny-Johnny go away,
Come again another day.
Your refund order has following Flay: -

 

In relation to refund claim filed by the exporters, they require the original invoices. It is told to them that the original invoices are required by various departments. Hence the same cannot be given to you. But the department is saying that it is condition of the notification and it cannot be relaxed. We said that we can show the same to you and you compare the same with Xerox copies given by us to you along with refund claim. Then give the same back to us per bearer. But they did not agree. They say that the condition has been imposed so that the double refund claim is not taken by you on the same invoice. We have told that you can put a seal on these original invoices saying that the refund is claimed, not to be used again. But they did not agree and told that it is condition precedent for claiming the refund that the original invoices should be submitted with us. We were helpless and submitted the original invoices. We were hopeful of getting the refund thereafter. But we were not aware of the fact that we are dealing with revenue department who can collect the crores of rupees but cannot give small refund claim. The second objection was raised by them

Johnny-Johnny!  Yes papa!

Got the refund?

No Papa,

Telling lies?

 No Papa,

What's the reason?

This papa: -

 

Johnny says:  I went to department to get the refund on various invoices issued by service providers under said notification but department said: -

Johnny-Johnny go away,
Come again another day.
Your refund order has following Flay: -

 

All the original Invoices issued by a service providers like Custom House Agent for CHA services or by a Cleaning and Forwarding Agent for cleaning and forwarding services should have certificate as mentioned the notification 17/2009. In this endorsement the assessee has to certify that the services mentioned in the invoices have issued to the assessee; the service tax has been paid thereon by the assessee and said services have been utilized in export of goods under the particular shipping bill no. and its date. We have told them that we have made a rubber stamp of this certificate and put it on Xerox copy of the invoice. But they said that the same should be put on the original invoice. We have told that the original invoice is required by many department and auditors. Hence, we will use them for various purposes after the same is returned to us. But they did not agree and told that the same should be put on the original invoice. We have no option but to agree their demand. After the seal was put on original invoice, we asked for the refund. But the department came with the next arrow. He has told that you have written in rubber stamp the category of service, shipping bill number and date is as per table annexed to refund claim. But the shipping bill number, category of service should be mentioned on the invoice only. We have learnt from past experience that we have no option before the department but to abide by the things as told to us. Hence, we followed their instructions and corrected all the invoices in the hope of service tax refund claim. The assessee submits that the reference of all the Shipping Bills and its date has already given in tabular form with refund claim application. Thus the demand of mentioning the reference of the same in each and every invoice of the service providers has ridiculous point.

  

Johnny says:  I went to the department next day again with the corrections but department rejected saying: -

Johnny-Johnny go away,

You won't get refund anyway.
It has following more flay: -

The invoices of various service providers have not prepared under Rule 4A of Service Tax Rules, 1994 as many of invoices are not serially numbered; some invoices do not have the Service tax Registration no. of service providers and some of them are not having the description of service provided during the course of Export of goods. Even the same is not mentioned in the table annexed to the refund claim. Furthermore, the same is not mentioned in certificate endorsed on the face of invoice. We pleaded that when the service provider has not mentioned the above details in his invoices then how we can know the above information like under which category the service provider is providing the services. Further, we argued that since these mistakes have not done on our part, the refund should not be denied on these ridiculous grounds which are beyond the control of the assessee.

 

Unrewarding again & again;

Johnny now in grief and pain!

`Refund Order' now a dream;

His efforts have downstream!

 

Johnny's contention:-

To fulfillment of the condition of submitting ORIGINAL INVOICES to the department, we have produced all the ORIGINAL invoices of all the service providers at the time of refund but these have not come back to the our custody as the department contending that they will keep them for the purpose of refund claim. They contend that even after the refund is sanctioned or rejected then the file will go for audit and the department has to send the original invoices to audit wing or review wing. Thereafter, if the appeal is filed then they will keep the invoices with them. 

 

Seeing these erroneous interruptions, obstacles and arguments taken by the department, the exporter-assessee wants to say one sentence to the Government that "HATHI KE DANTH KHAANE KE AUR, DIKHAANE KE AUR" because on one point the Board is issuing the exemption notifications for promoting the Export of goods outside India and on the other side Revenue department is not happy to sanction the refund claim.

 

At the end all the exporters, whose refund claim is under evolution from extensive time period, raise one question that why the Finance Minister is not exempting the exporters from payment of service tax itself in order to remove these types of silly troubles which became a big barrier thereafter. They require straight forward exemption rather than exemption by way of refund.

 

By this humorous and poetic article above we conclude that the physical condition and mental state of assesses claiming refunds against export of goods is similar to that of Johnny in the poem. Every time the assessee is approaching the department his refund claims are being rejected on some or the other flaws. He has to return fruitless, hopeless with his futile efforts thinking whether he will be getting the refund or not. 

 

There are a number of services on which the refund is allowed. The assessee is facing difficulty in almost all of those services due to attached conditions with each service. Due to the large number of conditions we were not able to cover all the conditions in this article and hence we will be bringing further articles on the different conditions covered therein.

 

Keep visiting for the next article……..

27 September 2010

Due Date of Return extended

Due date for filing returns for AY 2010-11 extended from 30/9/2010 to 15/10/2010

Order [F.NO. 225/72/2010/ITA.II], dated 27-9-2010

On consideration of the reports of disturbance of general life caused due to floods and heavy rains, the Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income Tax Act, 1961, hereby extends the due date of filing of returns of income for the Assessment Year 2010-11 from 30-09-2010 to 15th October 2010. Accordingly the due date for Tax Audit report u/s 44AB of the Income Tax Act is also extended to 15th October 2010.

Profile of Banks-2009-10

Date : 23 Sep 2010
A Profile of Banks 2009-10

The Reserve Bank of India has, today, placed on its website "A Profile of Banks 2009-10". The publication, "A Profile of Banks 2009-10",the  sixth volume in the series, provides a  bank-wise and bank group-wise information on important performance indicators of all scheduled commercial banks, excluding regional rural banks, for the period 2005-06 to 2009-10. The publication covers about 18 important indicators; e.g return on assets, CRAR and business per employee.  To facilitate comparison the publication also provides aggregates at bank group level and at all banks level for 2009-10.

Highlights

• Employee productivity has been improving as both the productivity indicators, namely, business per employee and profit per employee at aggregate level, are increasing since 2005-06.

• Number of employees of all banks increased during 2009-10.

• Return on assets of all scheduled commercial banks at aggregate level declined during 2009-10. At bank group level, return on assets of all the bank groups with the exception of private sector banks witnessed a decline during 2009-10. The improvement in return on assets of private sector banks is mainly on account of new private sector banks.

• CRAR of all banks at aggregate level increased during 2009-10, exhibiting the strong capital base of Indian banking sector. Net NPA ratio of private sector banks at bank group level declined during 2009-10.

Copies of the publication can be obtained from the Director, Division of Reports, Reviews and Publications (Sales Section), Department of Economic Analysis and Policy, Reserve Bank of India, Amar Building, Ground Floor, P. M. Road, P. B. No.1036, Fort, Mumbai 400 001. This publication is also available at the Reserve Bank's website on the Internet at (www.rbi.org.in).

Alpana Killawala
Chief General Manager

Press Release : 2010-2011/417



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CA. V.M.V.SUBBA RAO
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